Litigation agent: XXX, Hebei Taike Law Firm Lawyer
Defendant: Langfang Velcro Bio-chemicals Company Limited;
Residence: No. 9, Quanxing Road, Langfang Economic and Technological Development Zone;< /p>
Legal representative: Luo *;
The plaintiff for the labor dispute dispute with the defendant, do not serve the Langfang Economic and Technological Development Zone Labor Dispute Arbitration Committee Langkailaozhong Case No. (2012) No. 75 Arbitration Award, hereby filed a civil lawsuit to your court.
Requests:
1. order the defendant to pay the plaintiff without a written contract of two times the wages of 226,490 yuan;
2. order the defendant to pay the plaintiff January 2008 to date, hospital food expenses of 63,710 yuan;
3. order the defendant to pay the withholding of the plaintiff's one-time disability benefit of 16,000 yuan;
4. ordering the defendant to pay the plaintiff's necessary medical expenses of 1.09 million yuan, including 400,000 yuan for allogeneic skin in excess of the three catalogs of the workers' compensation insurance, 80,000 yuan for ear imitation, 150,000 yuan for artificial joints, 200,000 yuan for scar treatment, 40,000 yuan for expert consultation and surgery, and 20,000 yuan for medicines. Later itself surgery fee 100,000 yuan;
5. Ordered the defendant to pay the plaintiff later necessary to incur surgery-related costs 485633.25 yuan, food costs 457728.25, nursing care 16905 yuan, nutritional costs 9000 yuan, transportation costs 2000 yuan;
6. Ordered the defendant to pay the plaintiff's work injury severe disability caused by the alimony of 185,300 yuan Order the defendant to pay the plaintiff's serious disfigurement compensation of 100,000 yuan;
8. Order the defendant to pay the plaintiff's treatment of scattered small ulcers beyond the three directories of the workers' compensation insurance 40,000 yuan;
9. Order the defendant to pay the plaintiff's other damages provided for in laws and regulations, and the corresponding economic compensation after the unit bankruptcy;
10. Compensation of 48,400 yuan;
10. Ordered the defendant to pay the plaintiff for defaulting on medical fees to refuse the hospital artificial dermis surgery, resulting in the elbow, neck, knee and other parts of the contracture is serious, the further loss of function, the whole body scarring is not effectively treated, the hard hyperplasia is serious, and other damages of 50,000 yuan.
11. Order the defendant to pay for the payment of all social insurance wage base is low to make up for the payment of 4993.22 yuan, late payment 8811.86 yuan;
12. Order the defendant to pay for the plaintiff because of the work injury scar contracture triggered by other diseases, such as cervical spondylosis, depression medical expenses 20,000 yuan;
13. Order the defendant to pay for the plaintiff due to the late complaint of the work injury Employee evaluation of disability grade one year and miss the difference of disability allowance adjustment 148167.6 yuan;
14. Order the defendant to pay the plaintiff overtime 16220.96 yuan;
15. Order the defendant to pay the bankruptcy of the pension and medical insurance costs;
16. Order the defendant to pay the bankruptcy of ten years full amount of the workers' compensation insurance fund.
Facts and reasons
The plaintiff joined the defendant's work in 2002, and was injured in the course of work in 2004. Was recognized as a work injury, labor capacity assessment for the second degree of disability, most of the care dependency. 2007 October began to enjoy the workers' compensation insurance benefits. In the process of work injury insurance and the plaintiff's treatment of disease, the defendant there are many mistakes, causing significant losses to the plaintiff.
1. from the date of the plaintiff's employment, the plaintiff was not paid overtime, and from October 2011, the plaintiff did not renew the labor contract;
2. withholding the plaintiff's disability benefit, the plaintiff's hospital meals, did not apply for the declaration of the 2012 work injury medical expenses, owed the hospital a huge amount of treatment costs, which seriously affects the normal treatment of the plaintiff.
3. refused to bear the costs of treatment that exceeded the three catalogs of work-related injuries, resulting in the plaintiff's condition gradually deteriorating without proper treatment and complications;
4. delayed the declaration of the evaluation of disability grade for one year, resulting in the plaintiff missing the adjustment of the disability allowance, so that the plaintiff always enjoys the low treatment of work-related injuries.
By the end of 2012, the defendant, due to poor management, has begun to do the relevant work before bankruptcy. To this end, the plaintiff in September 27, 2012 to Langfang economic and technological development zone labor dispute arbitration committee filed a complaint, in addition to the defendant to pay the outstanding costs, and separately pay the necessary treatment and late surgery costs, bear due to the defendant's failure to the plaintiff caused by various losses. At the same time, the plaintiff's alimony and support due to severe disability. on November 29, 2012, the Development Zone Arbitration Committee made an award, partially supporting the plaintiff's claims. However, the following problems existed in the award:
1. Some of the data base of the award was inaccurate and the total amount was low.
The first award stated that "the Respondent shall pay the Claimant 21,600 RMB (1,800x12=21,600 RMB) as double wages *** for the period from October 2011 to September 2012 without a written labor contract." The factual situation is that the 1800 RMB is the monthly salary of the plaintiff when he joined the company in 2002, and in October 2011, the plaintiff's salary has increased to 3313.3 RMB, and the calculation of double wages should be based on this. So this amount should be 39975.6 yuan.
2. The amount of treatment costs awarded was too small to support the plaintiff's normal treatment.
The fifth ruling requires the defendant to pay 200,000 yuan in advance for the next year's treatment costs, if appropriate, and to write off the actual amount when the costs are actually incurred. In fact, the defendant now owes the hospital more than 120,000 yuan in basic treatment costs. According to the diagnosis of the authoritative experts of the 309th Hospital of the Chinese People's Liberation Army, the plaintiff's necessary medical expenses at this stage are at least 1.09 million yuan. This includes all types of expenses such as allograft skin costs, scar treatment costs, cosmetic surgery costs, and so on. What these expenses include is beyond the scope of the three catalogs of workers' compensation insurance, but it is effective and necessary treatment for the plaintiff. The primary purpose of the legislation on work injury insurance is to protect the medical treatment and financial compensation of injured workers, and to promote the prevention of work injuries and vocational rehabilitation. According to the relevant provisions, the defendant should bear these treatment costs. But the defendant out of their own economic interests, has clearly refused to bear these costs, resulting in the plaintiff missed the best time and treatment program, his condition is deteriorating. The plaintiff has no financial resources, it is difficult to advance this expense. If the defendant does not pay, the plaintiff will not be able to carry out effective treatment and rehabilitation, which is contrary to the basic principles of the workers' compensation insurance regulations.
3. The award did not support the plaintiff's reasonable claims and was not in accordance with the law.
Article 48 of the Law of the People's Republic of China on Work Safety stipulates that, "Employees who have suffered damages due to work safety accidents, in addition to enjoying social insurance for work injuries in accordance with the law, shall have the right to claim compensation from their own organization if they still have the right to compensation in accordance with the relevant civil laws." When the defendant purchased unqualified equipment, resulting in the operation of the accident, the plaintiff suffered serious bodily injuries, became second-degree disability, most of the life can't take care of themselves, not to mention can't fulfill the obligation of supporting the elderly, raising offspring. The defendant has the management responsibility for the accident. The plaintiff's parents are over sixty years old, and physical disability, no economic resources, no ability to live. Plaintiff's wife was devastated by Plaintiff's condition and also suffered from severe mental depression. At the time of the plaintiff's burns, her son was just three months old and in desperate need of parental care and support. The plaintiff was the sole breadwinner of the family. In order for the whole family to survive, the plaintiff requested the defendant to pay basic alimony and support, which was reasonable and lawful. However, the ruling did not support the plaintiff's basic claim, in law, unreasonable.
Related information shows that the defendant is doing business bankruptcy preparations, privately dispose of and sell the vast majority of assets. If the defendant will transfer all the business assets, the plaintiff will lose the only economic source. Therefore, the plaintiff proposed the later necessary treatment costs, should be supported. However, the award did not support, obviously unjust.
In view of this, the plaintiff filed a lawsuit, requesting the people's court to protect the plaintiff's legitimate rights and interests.
To
Langfang Economic and Technological Development Zone People's Court
Written by: XXX
Agent: xxx
xxxxxx, xx month, xx day